The EB-2 Green Card, Explained: Requirements, NIW vs. PERM, Timelines, and Costs

You must have either(1) an advanced degree or bachelor's plus 5 years of progressive experience, OR(2) exceptional ability demonstrated by meeting at least 3 of 6 criteria. Most EB-2 cases also require a PERM labor certification, unless filed under the NIW category.

For most countries: 2-3 years total, including PERM, I-140, and I-485. For India: 7-12+ years due to priority date backlogs. For China: 3-5 years. NIW eliminates the PERM process, saving 12-24 months.

EB-2 National Interest Waiver allows self-petitioning without employer sponsorship or PERM labor certification when your work serves U.S. national interests. Requires meeting EB-2 base qualifications plus the three-prong Dhanasar test.

Only for NIW. Standard EB-2 requires employer sponsorship. NIW allows self-petition if you can demonstrate that your work has substantial merit and national importance, that you're well-positioned to advance it, and that waiving labor certification benefits the U.S.

PERM is a process where employers test the U.S. labor market by recruiting for the position and demonstrating that no qualified U.S. workers are available. Required for standard EB-2 but waived for NIW. Takes 12-24 months and costs $4,000-$8,000.

Per-country caps limit the number of green cards any single country can receive annually (approximately 2,800 for EB-2). India produces far more EB-2-qualified applicants than this limit allows, creating multi-year backlogs of 5-10+ years.

Before I-485 filing, changing employers requires the new employer to file a new PERM and I-140 (though you may port the earlier priority date). After I-485 has been pending for 180+ days, you can change to the same/similar jobs using AC21 portability without restarting.

EB-2 requires an advanced degree or exceptional ability; EB-3 requires only a bachelor's degree or 2 years of experience. EB-2 generally has shorter priority date waits than EB-3, though both face severe backlogs for India and China.

Standard EB-2 requires a permanent job offer from a U.S. employer that sponsors you. EB-2 NIW does not require a job offer - you self-petition based on your proposed work's national importance.